Americans With Disabilities Act

Disability discrimination in the workplace often feels like an invisible weight that slowly erodes your confidence and sense of worth. It can take many forms, from subtle exclusion and comments to outright unfair treatment. It happens any time your employer denies you a job, an opportunity, an entry, an accommodation, or anything else simply because your disability makes an employer question your abilities, even though you’re more than qualified.

Sometimes, the struggle to get reasonable accommodations, like a flexible schedule or modified workspace, makes you feel like a burden rather than a valued employee. Other times, the casual, hurtful remarks from coworkers or supervisors make you dread going to work each day. Disability discrimination isn’t just about legal violations; it’s about the deep emotional impact on those who experience it. It’s about feeling isolated, disrespected, and undervalued simply because of a condition, disability, or diagnosis that is part of your life. This is why there are laws that make discrimination illegal. 

The Americans with Disabilities Act is legislation designed to protect the rights of people with disabilities. This article explores the history, applications, and rights afforded by the ADA. We also discuss the importance of contacting an attorney when you think that disability discrimination might be happening and how legal representation in discrimination cases results in more positive and fruitful outcomes.

The disability discrimination lawyers at Consumer Attorneys have witnessed firsthand the challenges people with disabilities face in the workplace. More importantly, we have seen the resilience, courage, and dedication that individuals with disabilities employ in their daily lives. So when someone - employers, state and local governments, telecommunications providers, educational institutions, corporations - violates the ADA, we make it our mission to fight on behalf of people with a disability.

Who Does the ADA Protect?

The ADA is a law, but it isn’t just a law – it's a lifeline for millions of people who have been unfairly treated, overlooked, or marginalized simply because of their disabilities. If you've ever felt that your rights have been trampled on or that you've been pushed aside because of who you are, the ADA is here to ensure that no one has the power to take away your dignity or your right to participate fully in life. It’s a powerful tool that holds businesses, employers, and public spaces accountable, making sure they treat everyone with the respect and fairness they deserve.

So, to whom exactly does the ADA apply? Let's break it down.

What Does ADA Compliant Mean?

“ADA compliant” refers to the adherence to the standards set by the Americans with Disabilities Act (ADA), a federal law enacted in 1990 to ensure that people with disabilities have equal access to public spaces, services, and employment opportunities. When something is ADA-compliant, it meets the legal requirements designed to make facilities, services, and products accessible to individuals with disabilities.

For businesses, ADA compliance often involves making physical spaces accessible by adding features like ramps, accessible parking spaces, and wider doorways. It also includes ensuring that communication is accessible, such as providing Braille signage, closed captioning, or accessible websites that work with screen readers. In the workplace, ADA compliance means providing reasonable accommodations for employees with disabilities, such as modified workstations or flexible schedules, so that they can perform their jobs effectively.

Being ADA compliant isn't just about following the law - it's about creating an inclusive environment where everyone can participate fully and equally, regardless of their abilities. For organizations, failing to be ADA compliant can result in legal consequences, but more importantly, it can exclude a significant portion of the population from accessing services, jobs, or experiences they deserve.

What Is a Disability?

Understanding what qualifies as a disability under the ADA is key to knowing your rights and protections. The ADA recognizes that disabilities can take many forms, whether physical or mental, and that these challenges can make everyday life more difficult in ways that others might not always see or understand. That’s why the ADA’s definition of a disability is intentionally broad – it includes any physical or mental impairment that significantly limits one or more major life activities. This broad definition ensures that the law can protect as many people as possible, acknowledging the diverse experiences and obstacles that individuals with disabilities face.

Physical Impairments

Physical impairments include any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine. Examples of physical impairments include but are not limited to:

• Mobility impairments (e.g., paralysis, cerebral palsy, amputation)
• Visual impairments (e.g., blindness, partial sight)
• Hearing impairments (e.g., deafness, hard of hearing)
• Chronic illnesses (e.g., diabetes, epilepsy, HIV/AIDS, multiple sclerosis)

Mental Impairments

Mental impairments include any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities. Examples of mental impairments include:

Major Life Activities

To qualify as a disability under the ADA, the impairment must substantially limit (and we discuss what “substantially limit” means later in this article) one or more major life activities. Major life activities are tasks that are central to daily life and include, but are not limited to:

Additionally, the ADA Amendments Act of 2008 (ADAAA) expanded the definition of major life activities to include major bodily functions, such as:

• Functions of the immune system
• Normal cell growth
• Digestive, bowel, bladder functions
• Neurological and brain functions
• Respiratory and circulatory functions
• Endocrine and reproductive functions

Substantial Limitation

When the ADA discusses an impairment “substantially limiting” a major life activity, it's designed to be inclusive and protective. The law doesn’t require that your condition completely prevent you from doing something important - it just needs to make it more difficult than it should be. Importantly, when determining if an impairment is substantially limiting, the ADA looks at your condition without considering any help you might be getting from things like medication, medical devices, or other aids. This means that even if you use tools or treatments to manage your condition, the law still recognizes your challenges without them. The ADA’s broad interpretation ensures that more people can get the protection they deserve.

Episodic or In Remission Impairments

The ADA also extends its protection to episodic or in remission conditions, recognizing that the impact of these impairments doesn’t disappear just because symptoms aren’t always present. If an impairment like epilepsy, cancer, or a mental health disorder such as bipolar disorder could significantly limit a major life activity when active, the ADA considers it a disability. This means that even when these conditions aren’t showing symptoms, the law still acknowledges the challenges and uncertainties they bring, ensuring that your rights are protected at all times.

Temporary Impairments

While the ADA is often associated with long-term or permanent disabilities, it also recognizes that temporary impairments can be just as disruptive and challenging. If a temporary condition is severe enough to significantly limit a major life activity, it may be covered by the ADA. For example, if you’re recovering from a serious injury or surgery that temporarily affects your ability to walk or carry out other essential activities, the ADA may consider you disabled during your recovery. 

Perceived Disability

The ADA also steps in to protect individuals who are perceived as having a disability, even if they don’t have an impairment that limits a major life activity. This crucial provision guards against discrimination based on stereotypes, assumptions, or misconceptions about disabilities. For instance, if an employer refuses to hire someone because they mistakenly believe that person has a mental health disorder, they’re violating the ADA.

Record of Impairment

The ADA also protects individuals with a history of an impairment, ensuring that your past doesn’t lead to unfair treatment in the present. If you’ve had a disability, like cancer that’s now in remission, the law shields you from discrimination based on that history. This “record of impairment” provision is vital—it guarantees that people who have overcome or are managing a disability aren’t penalized because of their past medical challenges.

If you have any questions about whether the impairment that you or a loved one has qualifies for protection under the ADA, contact Consumer Attorneys.  

Reasonable Accommodations

The ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities, ensuring everyone has a fair shot at success. These accommodations are changes or adjustments to the workplace or how tasks are typically done, designed to help you apply for a job, carry out your duties, or enjoy the benefits of employment on an equal footing with others. Employers must make these accommodations unless it would cause undue hardship. This means that the law is on your side, helping to remove barriers and create a more inclusive work environment. Examples of reasonable accommodations include:

• Making existing facilities accessible
• Job restructuring
• Part-time or modified work schedules
• Acquiring or modifying equipment
• Changing tests, training materials, or policies
• Providing qualified readers or interpreters

Understanding the definition of disability under the ADA is essential for both employers and employees. It ensures that individuals with disabilities receive the protections and accommodations they are entitled to under the law, promoting a more inclusive and equitable workplace.

History of the ADA

President George H. W. Bush signed the Americans with Disabilities Act into law on July 26, 1990. This landmark legislation aimed to eliminate discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places open to the general public. The ADA was a monumental step forward in ensuring that people with disabilities have the same rights and opportunities as everyone else.

Other Relevant Laws Protecting People With Disabilities

In addition to the ADA, several other laws protect the rights of individuals with disabilities:

• The Rehabilitation Act of 1973 prohibits discrimination based on disability in programs conducted by federal agencies and those receiving federal financial assistance.
• The Individuals with Disabilities Education Act (IDEA) ensures students with disabilities are provided with Free Appropriate Public Education tailored to their needs.
• The Fair Housing Act prohibits discrimination in housing based on disability and other factors.

These laws, alongside the ADA, create a framework to support and protect individuals with disabilities. When an entity violates the provisions of the ADA or other relevant laws, they are breaking the law. When someone breaks the law, people with disabilities may have a right to civil action. 

Rights the ADA Affords to People With Disabilities

The ADA empowers individuals with disabilities by granting several crucial rights that protect their dignity, independence, and equality. These rights are designed to ensure that you’re treated fairly and have the same opportunities as everyone else, no matter the challenges you face. The ADA’s protections are here to support you in living your life fully and confidently. Some of these important rights include:

• Protects you in the workplace. Ensures equal workplace opportunity for individuals with disabilities.
• Guarantees you access to public services. Public entities must provide access to programs, services, and activities.
• Protects your right to travel, dine, and live freely. Prohibits discrimination in places of public accommodation, such as restaurants, hotels, and theaters.
• Makes accessibility a requirement for communications services. The law mandates that telephone and internet companies provide accessible communication for individuals with hearing and speech disabilities.
• Grants miscellaneous rights across different areas. This section includes various provisions to prevent retaliation and coercion against individuals exercising their ADA rights.

The Evolution of Rights

The ADA has grown and adapted over the years, especially as technology has advanced, to better meet the needs of individuals with disabilities. These changes ensure that the law protects your rights in a constantly evolving world, ensuring you have access to the same opportunities and resources as everyone else, no matter how much things change.

ADA Compliance Issues with New Technology

As technology has advanced, so too have the requirements for ADA compliance. For example, website accessibility has become a major focus. Under the ADA, business and organizational websites must be accessible to individuals with disabilities. This means websites should be navigable by screen readers, have text alternatives for non-text content, and provide keyboard navigation options.

Mobile Accessibility

In addition to traditional websites, mobile applications must also be accessible. With the proliferation of smartphones and tablets, ensuring that mobile apps are ADA-compliant has become increasingly important. Mobile accessibility ensures that apps can be used by people with various disabilities, including those who rely on screen readers, voice control, or other assistive technologies. Features like larger touch targets, voice recognition, and alternative input methods can significantly enhance accessibility for users with disabilities.

Digital Documents

Digital documents, such as PDFs and Word documents, are another area where ADA compliance is critical. These documents must be structured so screen readers and other assistive technologies can interpret them. This includes using proper heading structures, alt text for images, and ensuring that tables are accessible. Many organizations fail to consider the accessibility of their digital documents, which can lead to significant barriers for individuals with disabilities.

E-commerce Accessibility

E-commerce websites pose unique challenges and opportunities for ADA compliance. Online shopping has become a staple of modern life, and ensuring that e-commerce platforms are accessible is vital. This includes ensuring that all aspects of the shopping experience—from browsing products to completing transactions—are accessible. Features like accessible product descriptions, user-friendly navigation, and accessible payment gateways are essential for creating an inclusive online shopping experience.

Multimedia Accessibility

Multimedia content, such as videos and audio files, must also comply with ADA standards. This involves providing captions for videos, transcripts for audio content, and ensuring that media players are accessible. Captions and transcripts not only help individuals with hearing impairments but also benefit those who may be in environments where they cannot use sound.

Social Media Accessibility

Social media platforms have become integral to communication and marketing strategies. Ensuring that content posted on social media is accessible is an important aspect of ADA compliance. This includes using alt text for images, providing video captions, and using hashtags appropriately. Social media platforms themselves are also under scrutiny to improve their accessibility features, enabling all users to participate fully in online communities.

Emerging Technologies

Emerging technologies, such as virtual reality (VR) and augmented reality (AR), present new challenges and opportunities for ADA compliance. As these technologies become more prevalent, it is absolutely vital to ensure that they are accessible to individuals with disabilities. This includes making VR and AR experiences navigable for users with mobility impairments, ensuring that visual and auditory information is accessible, and developing new assistive technologies to complement these innovations.

The Legal Significance of the ADA

The legal landscape surrounding ADA compliance and technology is evolving. Numerous lawsuits have been filed against companies whose websites and digital services were found to be inaccessible. Courts have increasingly ruled that websites and other digital platforms must comply with the ADA, making it imperative for businesses to address accessibility proactively. Failure to comply with ADA standards can result in costly litigation and damage to a company’s reputation.

Website Accessibility Standards

The Web Content Accessibility Guidelines (WCAG) are recommendations for making web content more accessible. Following these guidelines helps ensure that websites meet ADA compliance requirements. Businesses can conduct accessibility testing to identify and fix issues that might hinder individuals with disabilities from accessing their websites.

The World Wide Web Consortium (W3C) developed the WCAG and provides a comprehensive framework for web accessibility. The guidelines are organized into four main principles: Perceivable, Operable, Understandable, and Robust (POUR). Each principle includes guidelines and success criteria that help developers create accessible web content.

• Perceivable. The perceivable principle focuses on making content available to all users, regardless of their sensory abilities. This includes providing text alternatives for non-text content, such as images and videos, and ensuring that content can be presented in different ways without losing meaning. 
• Operable. The operable principle ensures users can navigate and interact with web content using various methods. This includes providing keyboard accessibility, ensuring that interactive elements are easily operable, and offering enough time for users to read and use the content. 
• Understandable. The understandable principle emphasizes the importance of making content clear and easy to understand. This includes using plain language, providing instructions and feedback, and ensuring that web page behavior is predictable. Robust. The robust principle ensures that content can be reliably interpreted by various user agents, including assistive technologies. This includes using clean, semantic HTML, ensuring compatibility with current and future technologies, and providing accessible APIs. 

Levels of Conformance

WCAG provides three levels of conformance: A, AA, and AAA. Each level builds upon the previous one, with Level A representing the minimum level of accessibility, Level AA addressing the most common barriers, and Level AAA representing the highest and most comprehensive level of accessibility. Most legal standards and organizational policies aim for Level AA compliance as a reasonable and achievable goal for web accessibility.

Conducting Accessibility Testing

Accessibility testing is a critical component of ensuring compliance with WCAG and ADA standards. This involves evaluating web content using various tools and techniques to identify and fix accessibility issues. Common methods of accessibility testing include:

• Automated Testing. Using software tools to scan web pages for common accessibility issues. While automated testing can quickly identify many problems, it cannot catch all issues.
• Manual Testing. Involving human testers to evaluate web content for accessibility. This includes navigating the website using a keyboard, testing with screen readers, and evaluating color contrast.
• User Testing. Involving individuals with disabilities to test the website and provide feedback on its accessibility. This is one of the most effective ways to identify real-world accessibility issues.

Conducting thorough accessibility testing provides numerous benefits beyond legal compliance. It helps create a more inclusive user experience, improves website usability, and enhances search engine optimization (SEO). Additionally, addressing accessibility issues can lead to innovations and improvements in web design that benefit all users.

ADA Violations

Violations of the ADA can happen directly and indirectly. But they always hurt, are always damaging, and are always illegal. 

Direct violations of the ADA occur when an employer or entity explicitly discriminates against an individual with a disability. This includes refusing to hire or promote someone solely because of their disability or failing to provide reasonable accommodations.

Indirect violations are less obvious but equally harmful. These can include policies or practices that disproportionately affect individuals with disabilities, even if they are not explicitly discriminatory. For example, requiring all employees to work on the second floor of a building without an elevator would indirectly discriminate against employees with mobility impairments.

What to Do if You Are Being Discriminated Against

If you are experiencing discrimination due to a disability, it is important to document the discrimination. Keep detailed records of any discriminatory actions or statements. Note the date, the time, and any witnesses, along with the substance of the discriminatory activity or action. 

Then, consult an ADA violation attorney to understand your rights, identify the next steps you should take, and explore your legal options. An ADA lawyer can help you:

• Understand your rights. We will explain the nuances of ADA law and how it applies to your situation.
• Build a strong case (the strongest one possible). We gather evidence, interview witnesses, and construct a compelling case on your behalf.
• Negotiate a settlement. We negotiate with employers or other entities to reach a fair settlement without going to court.
• File a lawsuit. We can prepare, file, and prosecute a lawsuit on your behalf, if necessary to protect your rights.

When searching for legal representation, look for attorneys or law firms with experience in handling ADA cases. The ADA violation attorneys at Consumer Attorneys have the experience necessary to effectively advocate for you, your rights, and the compensation you deserve for violating your rights. Additionally, the Americans with Disabilities Act attorneys have the conviction it takes to fight against those who think they can get away with violating the ADA. 

Wrongful Termination and the ADA

Wrongful termination due to a disability is a serious violation of the ADA. If you believe you have been wrongfully terminated, it is crucial to seek legal advice immediately. Disability discrimination lawyers can help you file a lawsuit and seek compensation for lost wages, emotional distress, and other damages.

Website Accessibility Law

Website accessibility is essential for ADA compliance in today's digital age. If you encounter websites that are not accessible, legal action can be taken against the entities responsible. ADA lawyers specializing in website accessibility law can guide you through this process and help ensure that online platforms are inclusive for all users.

Consumer Attorneys and Disability Legal Services

Consumer Attorneys is here to stand by your side when facing ADA violations. We understand the frustration and challenges of being denied your rights, and we’re committed to fighting for the accommodations and respect you deserve. If you’ve experienced discrimination or feel someone has violated your rights under the ADA, don’t face it alone. Our dedicated team is ready to help you navigate the legal process and ensure your voice is heard loud and clear. Contact Consumer Attorneys today, and let us help you protect your rights and secure the justice you deserve.

The Americans with Disabilities Act is a cornerstone of civil rights legislation that protects individuals with disabilities from discrimination. Despite its significant impact, violations still occur, especially in the evolving landscape of technology and digital access. If you or someone you know is experiencing discrimination, it is crucial to seek the assistance of qualified ADA attorneys. The disability lawyers at Consumer Attorneys offer the legal support necessary to navigate the complexities of ADA law and advocate for your rights. Remember, the fight for disability rights is ongoing, and your voice matters in this important cause. As an ADA law firm, Consumer Attorneys would proudly represent you.